system is the synthesis of a theory and
an hypothesis: it states the relations as amongst an undigested mass,
_rudis indigestaque moles_, of known phenomena; and it assigns a basis
for the whole, as in an hypothesis. These distinctions would become
vivid and convincing by the help of proper illustrations.
As an introduction, I will state my story--the case for the casuist; and
then say one word on the reason of the case.
First, let me report the case of a friend--a distinguished lawyer at the
English bar. I had the circumstances from himself, which lie in a very
small compass; and, as my friend is known, to a proverb almost, for his
literal accuracy in all statements of fact, there need be no fear of any
mistake as to the main points of the case. He was one day engaged in
pleading before the Commissioners of Bankruptcy; a court then, newly
appointed, and differently constituted, I believe, in some respects,
from its present form. That particular commissioner, as it happened, who
presided at the moment when the case occurred, had been recently
appointed, and did not know the faces of those who chiefly practised in
the court. All things, indeed, concurred to favour his mistake: for the
case itself came on in a shape or in a stage which was liable to
misinterpretation, from the partial view which it allowed of the facts,
under the hurry of the procedure; and my friend, also, unluckily, had
neglected to assume his barrister's costume, so that he passed, in the
commissioner's appreciation, as an attorney. 'What if he _had_ been an
attorney?' it may be said: 'was he, therefore, less entitled to courtesy
or justice?' Certainly not; nor is it my business to apologise for the
commissioner. But it may easily be imagined, and (making allowances for
the confusion of hurry and imperfect knowledge of the case) it _does_
offer something in palliation of the judge's rashness, that, amongst a
large heap of 'Old Bailey' attorneys, who notoriously attended this
court for the express purpose of whitewashing their clients, and who
were in bad odour as tricksters, he could hardly have been expected to
make a special exception in favour of one particular man, who had not
protected himself by the insignia of his order. His main error, however,
lay in misapprehending the case: misapprehension lent strength to the
assumption that my friend was an 'Old Bailey' (_i. e._, a sharking)
attorney; whilst, on the other hand, that assumption lent stren
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